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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105572
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I own a dance studio and have a working relationship with an

Customer Question

I own a dance studio and have a working relationship with an incredible instructor from Italy who is interested in moving here, and I would be excited to have her work for me. What is involved and is it even possible? She is an international cultural ambassador for the arts so she has plenty of travel experience around the world in this area.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
It is very difficult because the U.S. wants to make sure that U.S. workers are put to work first, so often if there are qualified U.S. workers, the person will not be able to come to the U.S. in that status. Does she have a bachelor's degree or higher? Is she internationally or nationally known in her field?
Customer: replied 1 year ago.
I will have to check with her on the degrees. I know she has dance degrees, but I am not sure how they would translate to a US college equivalent.I promise to not shoot the messenger! How much would a phone consultation be?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I am not allowed to discuss that over this forum, but it would be around twice what you have already deposited for the Q&A session. We can continue here if you like without additional charge. What would you like to do?
Customer: replied 1 year ago.
I'll continue here for now, but I can imagine needing a phone call next week! Once I hear back about the degrees, I will continue this.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sure, I will be around. Take your time as the question does not close. Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello, just checking in. Did you get that information for me?
Customer: replied 1 year ago.
Yes, she has several degrees, and her husband has various certificates (the translation is different but that's close, I think.) What kind of paperwork do we need to do or how can we get the process started to see if what they have is good enough for them to move here for a couple of years?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
It's not looking good.
The information on the H-1B is basically that she must have a job offer, the job offer must be for a company that is offering a position that is related to her degree and experience. The position must also normally require a bachelors degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay her what is normally paid to someone in that position. All these things must be provable with financials, business plan, etc. Also, because they are used up for this year, she will need to apply on April 1, 2016 to start working on October 1, 2016 or later. The exception is if she applies for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.
Here is a link:
http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models
If she doesn't have the education and experience to meet the minimum for an H-1B, there is also the H-2B, but those are used up for the year as well and the less experience and education she has, the harder it is to get a visa. This is because there is a higher chance that there would be a U.S. worker available for that position and she cannot come into the U.S. to work and displace a U.S. worker.
For an H-2B worker visa, it is expensive and difficult to get because you, the employer, would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, you must receive all resumes and eliminate all candidates for valid reasons, not just because you have a job for her. This is to prove that she would not be taking a job away from a U.S. worker. Here is a link:
http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers
And as I said before, because they are used up for this year, you will need to apply on April 1, 2016 to start working on October 1, 2016 or later. Here is a link in regards ***** ***** H-2B cap
http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-h-2b-nonimmigrants
If she is internationally or nationally recognized in her field, she can try for an O-1 visa. Here is a link:
http://www.uscis.gov/working-united-states/temporary-workers/o-1-individuals-extraordinary-ability-or-achievement/o-1-visa-individuals-extraordinary-ability-or-achievement
It's she's not quite up there, she can try for one of the P visas and here are links for those:
http://www.uscis.gov/working-united-states/temporary-workers/p-1b-member-internationally-recognized-entertainment-group/p-1b-member-internationally-recognized-entertainment-group
http://www.uscis.gov/working-united-states/temporary-workers/p-2-performer-or-group-performing-under-reciprocal-exchange-program/p-2-individual-performer-or-part-group-entering-perform-under-reciprocal-exchange-program
http://www.uscis.gov/working-united-states/temporary-workers/p-3-artist-or-entertainer-part-culturally-unique-program/p-3-artist-or-entertainer-coming-be-part-culturally-unique-program
The reality is that if she is just a good dance instructor, the U.S. wants you to put a U.S. worker to work. So keep that in mind.
My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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